What is the difference between a bench trial and a jury trial?

A bench trial is a trial that takes place without a jury and is presided over by a judge. In a bench trial, the judge is the fact-finder, meaning that they alone decide the facts of the case and the legal outcome. A jury trial is where twelve members of a jury are selected to act as the fact-finders. This is done in order to provide an impartial decision. These jurors will hear the evidence presented by both sides and then decide the facts of the case and the legal outcome. In the state of Indiana, a jury trial is the default type of trial for criminal cases. However, a defendant may choose to waive a jury trial and have a bench trial instead. Even if the defendant has waived their right to a jury trial, the judge must still make sure that both the prosecution and the defendant agree to waive the jury trial. In conclusion, the difference between a bench trial and a jury trial is that a bench trial is presided over by a judge while a jury trial is presided over by a jury of twelve members of the community. In Indiana, a jury trial is the default type of trial for criminal cases, but it can be waived with the permission of the court.

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